Gyanvapi-Vyas Tehkhana Row | 'District Judge Allowed 'Puja' On His Retirement Day; DM Urgently Enforced The Order In 7 Hours': Mosque Committee To High Court
While opposing the Varanasi District court's January 31 order permitting Hindu parties to perform puja in the southern cellar of the Gyanvapi mosque at Varanasi (Vyas Ji ka Tehkhana), the Anjuman Mosque Committee (which manages the Mosque) today submitted before the Allahabad High Court that it was "interesting" to note that the order was passed on the last working day of the District...
While opposing the Varanasi District court's January 31 order permitting Hindu parties to perform puja in the southern cellar of the Gyanvapi mosque at Varanasi (Vyas Ji ka Tehkhana), the Anjuman Mosque Committee (which manages the Mosque) today submitted before the Allahabad High Court that it was "interesting" to note that the order was passed on the last working day of the District Judge and that it was his last order as he retired on the same day (Jan 31).
Senior Counsel SFA Naqvi, appearing for the Mosque Committee, also called into question the promptness and urgency shown by the District Magistrate in executing the order of the District Judge by swiftly clearing the area and facilitating arrangements for Puja rituals within the Tehkhana.
“As per the impugned order, 7 days were granted to the DM to have Puja performed in Tehkhana, but the DM moved there in 7 hours. He came there at 11 pm (on 31st January) with a force of 2000 police personnel and they started making changes to the area. This caused a lot of chaos in the city,” submitted Senior Counsel SFA Naqvi before a bench of Justice Rohit Ranjan Agarwal.
“On January 31, in the night only, the DM said that he had complied with the order and puja inside #VyasTehkhana had started. What was the urgency?,” Naqvi further added.
However, the bench did not allow Mosque committee's interim plea seeking a stay on Pooja Rituals in the Tehkhana, as the bench pointed out that the committee had not challenged Varanasi District Judge's January 17th order, wherein the District Magistrate was appointed as a receiver as status quo was directed to be maintained. The Court however granted it time till February 6 to to amend its appeal.
It may be noted that on Thursday, an appeal was moved by the Anjuman Intezamia Masajid Committee (which manages Gyanvpai mosque) challenging the order of the Varanasi District Court allowing Hindus to perform prayers in the southern cellar of the Gyanvapi mosque (Vyas Ji ka Tehkhana). The committee also sought a stay on the worship rituals.
While arguing the matter before the bench of Justice Agarwal, Sr Counsel Naqvi strongly contended that by passing the impugned order, the District Judge had effectively allowed the final relief sought by the Plaintiff.
On the other hand, appearing for the Plaintiff, Advocate Vishnu Shankar Jain argued that the Mosque committee had not challenged the 17th January order of the Varanasi Court. He further submitted that the suit filed by his client (Shailendra Pathak Vyas) was in the capacity of a shivayat and the relief in the application and the suit are completely different.
"The final relief is that I may be permitted to do the puja. The court has granted the right to the Kashi Vishwanath trust to do the puja. My interim and final reliefs are very different...As of now my final relief is to be seen by the court. As of now, Kashi Vishwanath trust is doing the puja" he submitted.
He added that in the survey conducted by the ASI, it had been found that there was no door to the cellar and thereafter, the cellar's possession was taken. Based on the evidence, the court appointed the District Magistrate as a receiver. He also informed the Court that though his client had no access to the cellar since 1993, he had the keys.
It may be noted that the Varanasi District Judge on January 31 directed the District Administration to make appropriate arrangements within 7 days for Hindus to conduct worshipping rituals inside one of the sealed cellars/basement/tehkhana (vyas ji ka tehkhana) inside the existing Gyanvapi mosque complex. Worship at this spot was stopped in the year 1993.
The matter relates to 'Somnath Vyas' tehkhana inside Gyanvapi Mosque premises. Until 1993, the Vyas family conducted religious ceremonies in the basement. However, in compliance with a directive from the state government, the religious practices were discontinued.
The operative part of the Varanasi Court's order reads thus:
"District Magistrate, Varanasi / receiver is directed to get puja, raga-blog performed of idols located in the southern cellar of #GyanvapiMosque (suit property), through a priest nominated by Kashi Vishwanath Trust Board & plaintiff. For this purpose, make proper arrangements of iron fencing etc. in 7 days"
Shortly after the Varanasi District Judge's order, the District Magistrate MS Rajalingam, along with other government officials, entered the mosque complex through gate number 4 of the Kashi Corridor and the officials spent around two hours inside the complex.
Thereafter, the basement/tehkhana was unlocked, and regular worship commenced in the area. Devotees were seen congregating outside 'Vyas Ji ka Tahkhana.'